Attorney Articles

by John M. FitzGerald Social Security regulations require claimants to prove they are disabled as a “result of anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings, not only […]

For many individuals approaching retirement age, the question of whether or not they can collect retirement benefits from Social Security while also collecting Social Security disability benefits arises. The below is an explanation of when collecting retirement benefits prevents you from collecting disability benefits as well. Disability Benefits Social Security Disability Insurance (SSDI) is one […]

You are ready to go before the Judge for your Social Security Disability Hearing, but what should you expect? Below are some common questions about the hearing. 1. Who will be deciding my claim? At your Social Security Disability Hearing you will be presenting your case to an Administrative Law Judge (ALJ). The ALJ has […]

If you are going to a hearing in front of an administrative law judge (ALJ), it is because your earlier applications for disability benefits were denied. These earlier stages are called the “Initial Application” and “Reconsideration” applications, respectively. At this time, you are at the hearing stage of your claim where an ALJ will review […]

Average Wait Times: Unfortunately, applying for Social Security disability benefits can be a long and frustrating process. The average person can wait up to two years before actually having a hearing before an Administrative Law Judge (ALJ). The average wait times for the stages leading up to an administrative hearing are as follows: Initial Application: […]

Why Do I Have to File an Appeal for Reconsideration? If your claim is denied at the initial level, you will typically have to have an appeal for “reconsideration” of that decision to proceed with your claim. At the reconsideration level, a disability examiner will further evaluate your claim and make a decision. As this […]

When applying for Social Security disability, you will likely have to fill out a disability report describing what you do on a day-to-day basis. Should your case require you to attend a hearing before an administrative law judge, he or she may also ask questions about how you spend your day. This information is referred […]

Generally, most individuals applying for Social Security disability benefits will likely go through three stages of review. If after the third stage of review, a judge decides that an individual is not disabled, that individual may appeal to the Appeals Council. The first three stages of review are discussed below. 1. Initial Application – At […]